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KINCHELOE v. PIMA CTY.

No. 2 CA-CIV 2109.

114 Ariz. 145 (1977)

559 P.2d 701

Perry KINCHELOE and Alvene Kincheloe, husband and wife, Appellants, v. PIMA COUNTY, a body politic, Appellee.

Court of Appeals of Arizona, Division 2.

January 13, 1977.

Attorney(s) appearing for the Case

Rees, Mercaldo & Smith, P.C. by Paul G. Rees, Jr., Tucson, for appellants.

Stephen D. Neely, Pima County Atty. by John R. Neubauer and Howard L. Baldwin, Deputy County Attys., Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

The issue in this action for declaratory relief is whether appellants were forced by economic duress to enter into a sewer connection agreement with Pima County.

Appellants own forty acres of land in Tucson, Arizona. In 1956, they built a residence on the land and desired to connect it to a sewer of Sanitary District No. 1, Pima County.1 There was a rise on appellants' land which caused water...

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